Legal Opinion

Creighton University v. General Electric Co.

District Court, D. Nebraska

Decided July 14, 2009No. 8:08CV460PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM AND ORDER *

RICHARD G. KOPF, District Judge.

In a memorandum and order entered on March 18, 2009 (filing no. SI), the court determined, among other things, that: (1) the plaintiff, Creighton University, had not pleaded, and therefore could not argue, that a damages disclaimer in its contract with the defendant, General Electric Company, 1 is unconscionable; (2) this contract clause prevents Creighton from seeking to recover consequential damages for (a) loss of an anticipated $4.7 million increase in revenue, and (b) loss of income from uncollected billings in the amount of $2.4…

2Cases cited18 opinions

  1. Cornelia I. Crowell GST Trust v. Possis Medical, Inc.Court of Appeals for the Eighth Circuit · 2008
  2. United States Ex Rel. Roop v. Hypoguard USA, Inc.Court of Appeals for the Eighth Circuit · 2009
  3. Schroeder v. Fageol Motors, Inc.Washington Supreme Court · 1975
  4. James W. Parkhill, an Individual, on Behalf of Himself and All Others Similarly Situated v. Minnesota Mutual Life Insurance CompanyCourt of Appeals for the Eighth Circuit · 2002
  5. John E. Trytko, Jr. v. Hubbell, Inc., Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1994

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3Cited by3 opinions

  1. U.S. Pipeline v. Northern Natural Gas Co.Nebraska Supreme Court · 2019
  2. Hawkins Construction Co. v. Peterson Contractors, Inc.District Court, D. Nebraska · 2013
  3. U.S. Pipeline v. Northern Natural Gas Co.Nebraska Supreme Court · 2019

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